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2026 DAILYLAW 28015 (CHH)

THE ORIENTAL INSURANCE COMPANY LTD. v. SMT. ROSHAN YADAV

MCC/654/2026 · 2026-07-21

Shri Sanjay K Agrawal

body2026

Judgment text

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1 CGHC010263102026 2026:CGHC:31133 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 654 of 2026 The Oriental Insurance Company Ltd. Through Divisional Manager The Ori- entel Insurance Company Limited Divisional Office Geentanjali Bhawan Main Road Korba District Korba, Chhattisgarh Through In Charge, Legalhub, L.I.C. Building 1st Floor, Magarpara Road, Bilaspur (C.G.) ... Appellant(s) versus 1 - Smt. Roshan Yadav W/o Late Raju Singh Yadav, Aged About 21 Years R/o Village Pahartola, Post Dhurvajun, Pahartola, Gajipur District Gajipur (U.P.) , At Present R/o Village Dhelvadih, Tahsil Katghora, District Korba Chhattis- garh Korba, Claimant, District Korba Chhattisgarh 2 - Smt. Tershi Yadav W/o Ramvriksha Yadav Aged About 41 Years R/o Vil- lage Pahartola, Post Dhurvajun, Pahartola, Gajipur District Gajipur,(U.P.) At Present R/o Village Dhelvadih, Tahsil Katghora, District Korba Chhattisgarh Korba, Claimant, District Korba Chhattisgarh 3 - Ramvriksha Yadav S/o Ram Prasad Yadav, Aged About 50 Years R/o Vil- lage Pahartola, Post Dhurvajun, Pahartola, Gajipur District Gajipur,(U.P.) At Present R/o Village Dhelvadih, Tahsil Katghora, District Korba Chhattisgarh Korba, Claimant, District Korba Chhattisgarh 4 - Raunak Yadav S/o Late Raju Singh Yadav, Aged About 3 Years Minor Le- gal Guardian Mother Smt. Roshan Yadav W/o Late Raju Singh Yadav, Aged About 21 Years R/o Village Pahartola, Post Dhurvajun, Pahartola, Gajipur District Gajipur,(U.P.) At Present R/o Village Katghora, District Korba Del- vadih, Tahsil Chhattisgarh Claimant, District Korba Chhattisgarh Digitally signed by JYOTI JHA Date: 2026.07.22 17:03:10 +0530 2 5 - Dharmendra Kumar S/o Jugal Kishor, Aged About 26 Years R/o Veer- bandha, Police Station Gadhva, District Gadhva (Jharkhand) (Driver Of Of- fending Vehicle) Non Applicant, District Garhwa (Jharkhand) 6 - Mithlesh Pathak S/o Ram Bachan Pathak, R/o Village Dumarkachhar, Ward No. 20, Mohalla 9,10, Indra Nagar Tahsil Kotma, Colliery, District Anup- pur (Madhya Pradesh ) Owner Of Offending Vehicle. Non Applicant, District Anuppur, Madhya Pradesh 7 - Chola Mandalam M.S. General Insurance Company Limited (Wrongly Mentioned As Chhola Madalam In The Cause Title Of Impugned Order), Through Incharge Of Chhattisgarh, Chola Mandalam, M.S. General Inau- rance Company Limited, 2nd Floor Simaran Tower, Near L,i.C. Building, Pan- dri Raipur District Raipur Chhattisgarh (Insurer Of Offending Vehicle ) Non Applicant, District Raipur Chhattisgarh 8 - Triveni Yadav D/o Bachchan Yadav, R/o Lalpur, Arda, Post Chhuri, Tahsil Katghora, District Korba Chhattisgarh, District Korba, Chhattisgarh 9 - Smt. Sanju Yadav D/o Ramjanam Yadav R/o Lalpur, Arda, Post Chhuri, Tahsil Katghora, District Korba Chhattisgarh, District Korba, Chhattisgarh) --- Respondent(s) For Appellant : Mr. R.N. Pusty along with Mr. Akash Shrivastava, Advocate For Respondent : Mr. Vijay Kumar Sahu, Advocate Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 22.07.2026 1. The present MCC has been filed seeking modification in the common order dated 29.04.2026 in MAC No. 641/2020 and MAC No. 343/2020 passed by the Hon’ble Single Bench of this Court. 2. Learned counsel for the appellant submits that the deceased was en- gaged in private employment and, therefore, in terms of the settled principles of law, only 40% is required to be added towards future prospects. However, while recalculating the compensation in the com- mon order dated 29.04.2026, future prospects were inadvertently taken 3 at 50% instead of 40% in paragraph 8 of the judgment. It is submitted that the said error is purely typographical/arithmetical in nature and has inadvertently crept into the calculation of compensation. Accordingly, it is prayed that the said error be corrected by substituting 50% with 40% and the compensation be recalculated accordingly. 3. Learned counsel for the respondent(s) submits that he has no objection to the correction of the typographical/arithmetical error, if any, in the common order dated 29.04.2026, in accordance with law. 4. In view of the aforesaid facts and circumstances, and as the error is purely typographical/arithmetical in nature, it is considered expedient in the interest of justice to modify paragraph 8 of the common order dated 29.04.2026 in MAC No. 641/2020 and MAC No. 343/2020 by substitut- ing the addition towards future prospects from 50% to 40%. Conse- quently, the table contained in paragraph 8 shall stand substituted by the following:- Sr. No Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income per month 6107 6107 2. Yearly Income 6107x12=73,284/- 6107x12 = 73,284/- 3. Multiplier 73,284x17=12,45,828 4. Future Prospect 50% of 12,45,828 = 6,22,914/- 40% of 73,284 =29,313/- 5. Yearly Income in- cluding future prospect 12,45,828+ 6,22,914 = 18,68,742 73,284 + 29,313 =1,02,597/- 6. Dependents/De- duction ¼ of 18,68,742 = 4,67,185 ¼ of 1,02,597 =25649/- 7. Yearly Income After Deduction 18,68,742-4,67,185 =14,01,557/- 1,02,597- 25,649= 76,948 8. Multiplier 76,948x17 = 13,08,116/- 9. Conventional Head (Loss of funeral + Loss of Estate) 15000+15000= 30000 15000+15000= 30000 10. Consortium 40,000 1,60,000/- 4 (spousal Filial, Parental) 11. Physical and Men- tal Pain and Agony 20,000 Total 14,51,557 14,98,116/- 14,98,116- 14,51,557= 46,559/- 5. Accordingly, the present MCC is allowed. Paragraph 8 of the common order dated 29.04.2026 passed in MAC No. 641/2020 and MAC No. 343/2020 shall stand modified to the extent indicated hereinabove by substituting the addition towards future prospects from 50% to 40%. Consequently, the total compensation awarded under the common or- der dated 29.04.2026 shall be read as Rs.14,98,116/- instead of Rs.15,91,565/-. Accordingly, the claimants shall be entitled to an en- hanced compensation of Rs.46,559/- instead of Rs.1,40,008/-. All other findings, directions and conditions contained in the common order dated 29.04.2026 shall remain unaltered. 6. Let a copy of this order be made part of the record of the common or- der dated 29.04.2026 passed in MAC No. 641/2020 and MAC No. 343/2020. 7. Accordingly, the present MCC stands disposed of. Sd/- (Sanjay K. Agrawal) Judge Jyoti